Filing a Personal Injury Claim Against a Business
When many people think about personal injury claims, they imagine lawsuits filed against private citizens. While these types of claims do make up the majority of personal injury cases, they are not the only types of lawsuits that can be filed in Florida. In fact, a fair number of personal injury cases are not filed against private individuals, but against businesses. Unfortunately, holding a corporation liable for its negligent conduct is often much more difficult than filing a claim against a single person, so if you were injured as a result of a business’s negligence, you should strongly consider speaking with a personal injury lawyer who has experience filing claims against large corporations.
When can a Business be Held Liable for an Injury?
Like a private individual, companies can be held liable for their negligent and reckless conduct, if their actions resulted in an injury to a consumer. Although lawsuits stemming from a company’s negligence can arise in a variety of circumstances, they usually involve one of two different claims:
- Premises liability claims; and
- Product liability claims.
The former involve claims that a store or other type of business failed to fulfill its duty to keep its premises reasonably safe for visitors. In most cases, this means that employees, managers, and owners must take certain actions to keep their premises clean and clear of hazards, while also ensuring that visitors are warned about known defects or dangers that may exist on the property. When property owners fail to abide by these rules, they can be held liable if a customer or visitor is injured. If, for example, someone spilled a liquid in the aisle of a grocery store, employees or managers failed to clean it up, and a customer later stepped on it and fell, breaking his or her arm, the injured party could recover damages to cover the cost of medical expenses. However, injured parties will only be successful in these types of claims if there is evidence that the property owner had notice of the dangerous defect, but failed to either warn visitors or correct it.
While most premises liability claims involve slip and fall accidents, this legal theory actually covers a much wider range of accidents. For instance, store owners are required to ensure that their premises are well lit, so if a visitor is robbed in a darkened stairwell, he or she could be eligible to collect damages, especially if similar incidences had occurred in the area on prior occasions.
Product Liability Cases
Another type of claim that is commonly filed against businesses involves defective products that cause injuries to consumers. These types of injuries can be compensated if:
- The product was improperly assembled or manufactured;
- The product was not designed in accordance with applicable standards; or
- The product lacked warning labels.
When these types of negligent accidents result in an injury to a consumer, the business can be held accountable in court. However, before a plaintiff can collect damages in this type of case, he or she must be able to prove that:
- The product was defective when it left the hands of the manufacturer;
- The consumer used the product as directed; and
- The injuries they sustained resulted from the product and not another source.
Call Today for Help with Your Personal Injury Case
Filing a claim against a business can be difficult, so if you were injured because of a company’s negligence, please don’t hesitate to contact the dedicated Fort Lauderdale personal injury attorneys at Boone & Davis by calling 954-566-9919 or by sending us an online message to learn more.
Resource:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html
